[Federal Register: January 3, 2001 (Volume 66, Number 2)]
[Rules and Regulations]
[Page 235-236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja01-4]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 2099-00]
RIN 1115-AF95
Removing Burma From the Guam Visa Waiver Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: The Guam Visa Waiver Program (GVWP) waives the nonimmigrant
visa requirement for nationals of certain countries, including Burma
(internationally recognized as Union of Myanmar), who apply for
admission as a nonimmigrant visitor for business or pleasure for the
sole purpose of visiting Guam for a period not exceeding 15 days. This
rule will remove Burma from the list of countries authorized to
participate in the GVWP without significantly restricting legitimate
travel to Guam. This action is necessary to protect the United States'
law enforcement and national security interests.
DATES: Effective Date: This interim rule is effective January 10, 2001.
Comment Date: Written comments must be submitted on or before March
5, 2001.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW, Room 4034, Washington, DC
20536. To ensure proper handling, please reference INS No. 2099-00 on
your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Marty Newingham, Assistant Chief
Inspector, Inspections Division, Immigration and Naturalization
Service, 425 I Street NW, Room 4064, Washington, DC 20536, telephone
number: (202) 616-7992.
SUPPLEMENTARY INFORMATION:
What Is the GVWP?
The GVWP waives the nonimmigrant visa requirement for certain
aliens who apply for admission as a nonimmigrant visitor for business
or pleasure for the sole purpose of visiting Guam for a period not
exceeding 15 days.
The Omnibus Territories Act of 1986, Public Law 99-396, provided
statutory authority to implement the GVWP. On December 18, 1987, the
Immigration and Naturalization Service (Service) published a final rule
in the Federal Register at 52 FR 48082, implementing the provisions of
Public Law 99-396. The final rule also designated several countries
including Burma to the list of countries authorized to participate in
the GVWP.
What Are The Requirements for Initial GVWP Participation?
For a country to participate in the GVWP:
The Attorney General, Secretary of State, and Secretary of
Interior, acting jointly, after consultation with the Governor of Guam,
must designate the country for the GVWP.
The waiver of a nonimmigrant visa must pose no threat to
the welfare, safety, or security of the United States, its territories,
or commonwealths.
The country must have a nonimmigrant visa refusal rate of
16.9 percent or less or have an established pre-inspection or pre-
clearance program pursuant to a bilateral agreement with the United
States.
The country must be in geographical proximity to Guam,
unless the country has a substantial volume of nonimmigrant travel to
Guam and extends reciprocal privileges to citizens of the United
States.
The Department of State must not have designated the
country as being of special humanitarian concern.
What Are The Requirements for Removing a Country From Participation
in the GVWP?
The Commissioner shall immediately remove a country from the GVWP
if she determines that the program country poses a potential threat to
the welfare, safety, or security of the United States (including
enforcement of the immigration laws of the United States).
Why Is the Service Removing Burma From the List of Authorized GVWP
Countries With This Interim Rule?
The Service has consulted with the Department of Justice,
the Department of State, the Department of Interior, and the Governor
of Guam and determined that Burma no longer meets the eligibility
requirements for participating in the GVWP.
Although Congress intended to limit the GVWP to short-term
visitors to Guam, recently, the Agana Port-of-Entry has experienced an
increasing number of Burmese GVWP applicants for admission who seek to
remain permanently in the United States. Consequently, the Service has
expended disproportionate resources in order to process Burmese
travelers to Guam. These expenditures have created significant
obstacles for the orderly enforcement of the U.S. immigration laws in
Guam, including extended wait times for arriving travelers seeking to
enter Guam.
The refusal rate for Burmese applicants for visitors visas
exceeded 40 percent over the last 4 years (1996-1999).
The United States has not established a pre-inspection or
pre-clearance program in Burma.
Burma is a country in economic and political turmoil.
Despite multiparty elections in 1990 that resulted in a
decisive victory for the main opposition party, the military junta
ruling Burma has refused to relinquish power.
Burma lacks the will and ability to effectively
participate in the anti-drug effort.
Good Cause Exception
This interim rule is effective January 10, 2001, although the
Service invites post-promulgation comments and will address any such
comments in a final rule. The Service finds that good cause exists for
adopting this rule without the prior notice and comment period
ordinarily required by 5 U.S.C. 553. Section 212.1(e)(2) of the
Service's
[[Page 236]]
existing regulations provides that the Commissioner will immediately
remove a country from the GVWP if she determines that the country poses
a potential threat to the welfare, safety, or security of the United
States, its territories, or commonwealths. As stated in the
supplemental portion of this rule the Commissioner has made such a
determination in the case of Burma. It would be contrary to the public
interest to allow such a potential threat to continue for the prior
notice and comment period normally required under 5 U.S.C. 553(b)(B)
and (d)(3). The United States' law enforcement and national security
concerns outweigh the interests of Burma nationals in having the
nonimmigrant visa requirement waived under the GVWP.
The Service adopts this rule with a 7 day delayed effective date.
The delayed effective date is to provide some flexibility for nationals
of Burma who have already made plans to travel to Guam.
Burma nationals who have made travel plans in advance of 7 days,
will still be able to travel to Guam as nonimmigrant visitors, but they
will need to obtain an appropriate visa to do so.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that this rule
will not have a significant economic impact on a substantial number of
small entities. After January 10, 2001. Burmese nationals who wish to
travel to Guam temporarily for legitimate business or pleasure purposes
will still be permitted to visit Guam, if, prior to their journey, they
acquire a nonimmigrant visa at a U.S. Embassy or consulate. This rule
furthers the law enforcement and national security interests of the
United States without significantly restricting legitimate travel to
Guam. It does not affect small entities as that term is defined in 5
U.S.C. 601(6).
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one-year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12988 Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
Accordingly, part 212 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
1. The authority citation for part 212 is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,
1226, 1227; 8 CFR part 2.
Sec. 212.1 [Amended]
2. Section 212.1 is amended by:
a. Removing the country ``Burma,'' from the first sentence in
paragraph (e)(3)(i).
Dated: November 30, 2000.
Mary Ann Wyrsch,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-55 Filed 1-2-01; 8:45 am]
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